Board of County Commissioners v. Axtell

The opinion of the court was delivered by

Johnston, C. J.:

Has the district court the power to grant a new trial in a tax foreclosure action on the application of the intervener, claiming to be the owner of a mortgage lien assigned to her but which stood on the record in the name of another, who was named as a defendant in the foreclosure action? This is the question presented for decision.

On July 24,1923, Ella B. Adams, through her broker, W. D. Miles, made a loan of $7,000 to Rudolph Snyder and wife, taking as security for the loan a first mortgage on city property. S. N. Eisberg,…